Right To Privacy Doesn't Survive After Death, Legal Heirs Can Administer Deceased's Digital Estate: Gujarat Court

A Civil Court in Gandhinagar has held that the right to privacy of a deceased person does not survive after their death and the legal heirs can administer the deceased's digital estate.In doing so the court held that "digital data" of a deceased party stored on Apple's 'iCloud account' constitutes a valuable digital asset forming part of the deceased's estate, which would fall under administration under the Indian Succession Act. The petitioners— deceased's wife and daughter had approached the court seeking that it may recognize that the digital data stored in the Apple iCloud account of the deceased constitutes a valuable digital asset forming part of his estate, capable of administration under the Indian Succession Act. They had further sought Grant Letters of Administration in favour of the Petitioners authorizing them to administer the estate of the Deceased, including the digital estate and iCloud data.3rd Additional Senior Civil Judge Himanushu Choudhary in his order said:"This Court is of the considered opinion that the right to privacy, being an inherently personal right, does not survive the death of the individual, as clarified by the Supreme Court in Justice K.S. Puttaswamy v. C.M.A. No. 17/2026 (Order) Page No. 13 of 15 Union of India (2017).Applying the maxim actio personalis moritur cum persona, no claim in respect of the right to privacy of the Deceased can be sustained so as to obstruct the lawful heirs from administering his digital estate. Furthermore, in the absence of a nominee appointed by the Deceased under Section 14 of the Digital Personal Data Protection Act, 2023, the rights relating to the management and access of the Deceased's digital data logically devolve upon the legal heirs, who step into the position of the data principal for the limited purpose of administering the estate". The deceased died intestate on 24.04.2025 in Gandhinagar without executing any Will or testamentary instrument. He was survived by two Class-I legal heirs, his wife and daughter the petitioners. He was the lawful owner and sole user of an Apple iPhone 13 Pro Max, wherein the petitioners argued that the phone's iCloud account contains valuable personal data of emotional, sentimental and practical significance to the Petitioners, including photographs, videos, documents, voice notes and contact lists.The Petitioners approached Apple seeking access to and recovery of the Deceased's digital estate. Apple communicated that it can facilitate password/security reset to permit access to the iCloud account data, but stated that it has no means to retrieve data stored solely on the physical device.Apple further stipulated that the requester must be the duly appointed administrator or legal personal representative of the Deceased's estate, supported by a court order containing specific declarations. Holding that digital data on iCloud forms part of the estate which can be administered under the Indian Succession Act the court appointed Petitioner No. 2-the deceased's daughter as the Administrator of the estate. It directed Apple Distribution International Limited and/or its affiliates to assist the Administrator in recovery of the Deceased's data and to provide assistance, to the extent technically feasible, in recovery of any locally stored data on the physical device.Case title: Smt. Sadhna Shaishav Shah & Anr. v/s NILCIVIL MISCELLANEOUS APPLICATION NO. 17/2026Counsel for the petitioner: Advocate JJ BhattClick Here To Read/Download Order

Right To Privacy Doesn't Survive After Death, Legal Heirs Can Administer Deceased's Digital Estate: Gujarat Court

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Right To Privacy Doesn't Survive After Death, Legal Heirs Can Administer Deceased's Digital Estate: Gujarat Court

Malavika Prasad

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